S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6235
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN, HYNDMAN -- Multi-Sponsored by -- M. of A.
   COOK -- read once and referred to the Committee on Correction
 
 AN  ACT  to  amend  the  correction law, in relation to establishing the
   pilot project for the placement of incarcerated individuals  close  to
   home;  and providing for the repeal of such provisions upon expiration
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "pilot project for the placement of incarcerated  individuals  close
 to home".
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that research shows incarcerated individuals who  maintain  family  ties
 during  incarceration  have  lower rates of recidivism than incarcerated
 individuals who do  not.  Further,  most  incarcerated  individuals  are
 parents,  and  more than 80,000 children in the state of New York have a
 parent incarcerated in the state prison system.
   The legislature further finds that the department of  corrections  and
 community  supervision should consider proximity to minor children among
 the key criteria of security and health and program needs when determin-
 ing prison assignments and transfers  of  parents,  and  should  support
 increased  access  of children to their incarcerated parents through the
 use of technology and programs currently available  within  the  depart-
 ment.
   The  legislature  therefore  declares  that there is a need to develop
 classification criteria that would  place  incarcerated  individuals  in
 proximity  to  their family members and home communities, and in partic-
 ular for those incarcerated individuals who are parents of  minor  chil-
 dren  in  the appropriate correctional facility located closest to those
 children provided such placement is otherwise appropriate and  suitable,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09906-01-3
 A. 6235                             2
              

 
 and  would  facilitate increased contact between such incarcerated indi-
 vidual and his or her child or children.
   §  3.  The  correction  law is amended by adding a new section 72-d to
 read as follows:
   § 72-D. PILOT PROJECT FOR THE PLACEMENT  OF  INCARCERATED  INDIVIDUALS
 CLOSE  TO  HOME. 1. THE COMMISSIONER SHALL ESTABLISH A PILOT PROGRAM FOR
 THE PURPOSE OF HOUSING INCARCERATED INDIVIDUALS WHO ARE PARENTS OF MINOR
 CHILDREN IN THE CORRECTIONAL FACILITY WHICH IS LOCATED IN CLOSEST  PROX-
 IMITY  TO  THE PRIMARY PLACE OF RESIDENCE OF ANY SUCH INCARCERATED INDI-
 VIDUALS MINOR CHILD OR CHILDREN UNDER EIGHTEEN YEARS  OF  AGE,  PROVIDED
 THAT  SUCH  PLACEMENT  IS OTHERWISE SUITABLE AND APPROPRIATE PURSUANT TO
 THE REGULATIONS OF THE DEPARTMENT AND WOULD FACILITATE INCREASED CONTACT
 BETWEEN SUCH INCARCERATED INDIVIDUAL AND HIS OR HER CHILD  OR  CHILDREN.
 FOR  PURPOSES  OF  THIS  PILOT PROGRAM, INCARCERATED INDIVIDUALS WHO ARE
 PARENTS OF MINOR CHILDREN ON A VOLUNTARY BASIS, WOULD REQUEST  PLACEMENT
 IN  THE  PILOT  PROGRAM.   IN SELECTING SUCH INCARCERATED INDIVIDUAL THE
 DEPARTMENT SHALL CONSULT WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES
 AND THE LOCAL DISTRICT OF SOCIAL SERVICES LOCATED IN  THE  COUNTY  WHERE
 SUCH INCARCERATED INDIVIDUAL'S CHILD RESIDES TO DETERMINE IF ANY REASONS
 EXIST,  SUCH  AS  NO VISITATION ORDER, THAT MAY PREVENT THE INCARCERATED
 INDIVIDUAL FROM PARTICIPATING IN THE PILOT PROGRAM.
   2. THE COMMISSIONER, IN CONSULTATION WITH APPROPRIATE COMMUNITY ORGAN-
 IZATIONS, SHALL SUBMIT WITHIN ONE YEAR OF THE  EFFECTIVE  DATE  OF  THIS
 SECTION  AND ANNUALLY THEREAFTER A REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  ON  THE  EFFEC-
 TIVENESS  OF THIS PILOT PROJECT.  SUCH REPORTS SHALL INCLUDE AN ANALYSIS
 OF THE IMPACT ON THE INCARCERATED INDIVIDUAL, INCLUDING FACTORS SUCH  AS
 INSTITUTIONAL  ADJUSTMENT,  BEHAVIOR  INFRACTIONS,  AND  PROGRAM PARTIC-
 IPATION, AMONG RELATED RELEVANT FACTORS.  THE REPORTS SHALL ALSO INCLUDE
 ANALYSIS OF FACTORS SUCH AS FREQUENCY OF VISITS, BARRIERS TO VISITATION,
 LOGISTICAL CHALLENGES AND COST-SAVINGS TO  THE  DEPARTMENT.  THE  REPORT
 SHALL  FURTHER  INCLUDE  ANY  RECOMMENDATIONS FOR ADDITIONAL LEGISLATIVE
 ENACTMENTS THAT MAY BE NEEDED  OR  REQUIRED,  TO  IMPROVE,  ENHANCE  AND
 SUBSEQUENTLY  EXPAND  THE PROGRAM AS DETERMINED TO BE APPROPRIATE BY THE
 COMMISSIONER.  THE REPORT FOLLOWING THE THIRD YEAR OF THE PILOT  PROGRAM
 SHALL INCLUDE A PLAN FOR EXPANSION AND EVENTUAL INCORPORATION OF PROXIM-
 ITY  INTO PLACEMENT DECISIONS FOR ALL INCARCERATED INDIVIDUAL PARENTS OF
 MINOR CHILDREN.
   3. NO PERSON SHALL HAVE THE RIGHT TO DEMAND OR  REQUIRE  PARTICIPATION
 IN  THE  PILOT PROJECT AUTHORIZED BY THIS SECTION.  THE COMMISSIONER MAY
 REVOKE AT ANY TIME PARTICIPATION IN SUCH PROJECT FOR ANY SERIOUS  DISCI-
 PLINARY  INFRACTION  COMMITTED BY THE INCARCERATED INDIVIDUAL OR FOR ANY
 FAILURE TO CONTINUE TO PARTICIPATE SUCCESSFULLY IN ANY ASSIGNED WORK AND
 TREATMENT PROGRAM AFTER PLACEMENT IN SUCH PILOT PROGRAM.
   4. AN ELIGIBILITY PREFERENCE SHALL BE GRANTED FOR  CHILD  WELFARE  AND
 FOSTER  CARE  CASES  AS  PARENTS  ARE  AT  RISK OF LOSING THEIR PARENTAL
 RIGHTS.  ADMISSION SHALL BE GRANTED ON  A  ROLLING  BASIS  AND  PRIORITY
 SHALL  BE GIVEN TO INCARCERATED INDIVIDUALS WHO WERE PRIMARY CAREGIVERS,
 ALTHOUGH ALL INCARCERATED INDIVIDUAL PARENTS OF MINOR CHILDREN SHALL  BE
 CONSIDERED.  THE  DEPARTMENT  SHALL  VERIFY  THAT  THE MINOR CHILDREN OF
 INCARCERATED INDIVIDUALS PARTICIPATING IN SUCH  PILOT  PROGRAM  WILL  BE
 ABLE TO COME TO THE FACILITY FOR PERIODIC VISITATION.  ANY ACTION BY THE
 COMMISSIONER  PURSUANT  TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNC-
 TION AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.  INCAR-
 CERATED INDIVIDUALS SHALL NOT BE ELIGIBLE FOR THIS PROGRAM FOR A VARIETY
 OF  FACTORS,  AS LISTED IN, BUT NOT LIMITED TO, THOSE ENUMERATED IN THIS
 A. 6235                             3
 
 SECTION. INCARCERATED INDIVIDUALS WHO  ARE  INCARCERATED  FOR  VIOLATING
 PAROLE  OR  CONDITIONAL  RELEASE  SHALL  BE  INELIGIBLE  FOR  THIS PILOT
 PROGRAM. INCARCERATED INDIVIDUALS WHO HAVE COMMITTED A CRIME  AGAINST  A
 CHILD  SHALL BE INELIGIBLE FOR THIS PILOT PROGRAM. INCARCERATED INDIVID-
 UALS FOR WHOM A CLOSER LOCATION WOULD NOT LEAD TO  MORE  VISITORS  SHALL
 NOT  BE  ELIGIBLE FOR THIS PROGRAM. MENTAL HEALTH ISSUES SHALL NOT BE AN
 ISSUE OF INELIGIBILITY WITH REGARD TO THIS PROGRAM, UNLESS  THERE  IS  A
 COMPELLING REASON TO DO SO.
   §  4. This act shall take effect six months after it shall have become
 a law and shall expire 3 years after it shall take effect when upon such
 date the provisions of this act shall be  deemed  repealed.    Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.